Land Administration /607 Lecture 5 Land Registration Ian Williamson

Objectives 1.To describe and discuss land registration in its various forms and all its components, including the land titling process. 2.To introduce the role of land registration in land information systems and in the broader area of land policy, land management and land administration.

The cadastral parcel and ownership rights Source: Land Administration (Peter Dale and John McLaughlin)

Cadastral based Land Information Systems Source: The Australian Surveyor (March, 1986) Existing independent government authorities FISCAL LOCAL GOVERNMENT UTILITIESOTHER LINKAGE MECHANISH CADASTRAL OVERLAY LAND REGISTRATION TOPOGRAPHIC BASE MAP GEODETIC REFERECENCE FRAMEWORK Land information centre Cadastral data base (juridical cadastre) Topographic mapping and geodetic survey organization

Alternative ways of building cadastral/land registration system Mapping Property register Legal land registerFiscal (tax) cadastre Alt A (Mapping) Legal land register Mapping Tax cadastre Alt b Alt c B C Source: Land Registration and Cadastral Systems (Gerhard Larsson)

Land Registration: System used in land administration to recognize and formalize property rights and for regulating the character and transfer of these rights. (Dale & McLaughlin 1999)

Land registration is recording the rights, restrictions and responsibilities relating to land in order to facilitate the administration and management of land, and the operation of land markets as appropriate

Land Tenure: The system by which we hold land. Describes the terms and conditions under which land is held; the rights, responsibilities and restrictions that attach to the land user.

Land Title: The expression of tenure.

Cadastre: Parcel-based land information system which provides the spatial and textual framework to record the registration of rights, restrictions and responsibilities in land.

Land titling is the process of adjudicating rights in land, surveying and mapping those rights and usually establishing the cadastral office and land registry to store and manage the associated maps, titles and deeds.

Extract from Swedish cadastral map Source: Land Registration and Cadastral Systems (Gerhard Larsson)

Land Channel interactive cadastral map Search for any land parcel in Victoria Find Melways map Find details of parcel Basic infrastructure supporting most human activity

For general information about DSE please contact: DPI/DSE Customer Service Centre Phone: or (+61 3) Land Victoria Department of Sustainability and Environment, Victoria, Department of Sustainability and Environment

Use Melways and VicRoads Directory Online For general information about DSE please contact: DPI/DSE Customer Service Centre Phone: or (+61 3) Land Victoria Department of Sustainability and Environment, Victoria, Department of Sustainability and Environment

In the Bible, the prophet Jeremiah (born around 650 BC, began prophetic work in 627 BC) bought land: “so I bought the field at Anatoth from my cousin Hanamel and weighed out for him 17 shekels of silver. I signed and sealed the deed, had it witnessed, and weighed out the silver on the scales. I took the deed of purchase – the sealed copy containing the terms and conditions, as well as the unsealed copy – and I gave this deed to Baruch son of Neriah, the son of Mahseiah, in the presence of my cousin Hanamel and the witnesses who signed the deed and of all the Jews sitting in the courtyard of the guard. (Jer 32:9-12).

The legal status of a land register is closely linked to the manner in which a transaction is confirmed and documented.

Types of transaction evidence Oral agreement Private conveyance Deeds registration Title registration Witnesses Deed No registration Registration No guarantee Registration proof of title Means of transactionEvidence Source: Land Registration and Cadastral Systems (Gerhard Larsson)

Options for land registration systems Private conveyancing Title insurance Registration of Deeds Registration of Title

There are many excellent Deeds Registration systems and many excellent Title Registration systems. In general Title Registration is preferable, but it depends on the design of the system. However it is possible to design a very poor Title Registration system.

Land registration and form of indemnity

Private conveyancing Land transactions handled by private arrangement Cost borne by owner Assistance from solicitors, surveyors, etc Documents held by the owner or intermediary e.g. notary Security is dependent on the integrity of professionals Defects in private conveyancing: –Duplication –Slow –Expensive –Minimal state involvement - little or no security for errors or fraud.

Title insurance (USA) Insurance companies run the title insurance system Insurance companies keep the registries Insurance companies are licensed.

Deeds Registration Three basic elements: –logging of time of entry of a property document –indexing of the document –archiving of the document (or copy). Three core principles: –Security - registration in a public (government) office provides a measure of security against loss, destruction or fraud; –Evidence - registered documents can be used to support (though may not be a guarantee) a claim; –Notice and priority - registration gives pubic notice that a property transaction occurred (and the time of registration may resolve the priority of claims).

Disadvantages of Registration of Deeds Registers documents, NOT title Records an isolated transaction e.g. owners’ name vs parcel Information may be inconsistent or incorrect Descriptions often in error or outdated

Improvements to Deeds Registration Parcel-based Improve survey methods Examination of documents Improved record keeping Automated indexes and Abstracts of Title Qualified titles i.e. whether with/without survey

Registration of Title Basic unit for registration is the land parcel (not the deed). Generally, each parcel is surveyed and mapped. Registers kept up-to-date with what is in the field. Information in registers generally guaranteed

Torrens system of Title Registration – based on three principles Mirror principle: the register accurately and completely reflects the state of the title; Curtain principle: the register is the sole source of title information i.e. curtain effect that blocks out all former transactions so there is no need to go back beyond current record. Insurance principle: the state is responsible for the veracity of the register and to provide compensation in the event of error.

Recording rights, restrictions and responsibilities Ownership Easements Caveats Restrictions as to user Rights of way Native Title rights Mortgages Leases

CRITERIA FOR SUCCESSFUL LAND REGISTRATION SYSTEM Security Simplicity Accuracy Speed Cheapness Suitability to circumstances Completeness

Over-riding interests - Some rights over land are not registrable, but have legal validity. Land tax Rates Expropriation for public purpose Short-term tenancy Planning and land use regulations Rights of access or right to entry

Improving a land registration system Institutional reform – combining the cadastre and land registry Including all state and private lands on the register Automation of the registers Making the register available over the www Integrating the land register with other land information systems Real-time conveyancing Digital lodgement of all transactions

Future land registration systems Key component of a wider land administration and spatial information system Records interests in all land Supports sustainable development objectives The concept of a “virtual” land registry

Excursion to the Land registry Automated land title system Land transfer process Subdivision process Updating VicMap Property

Exam Question Describe and discuss the changing role of land registration systems within a land administration system over the last 100 years.